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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 2, 1957)
o I Senator-Lawyers Provide Field Day With Debate Oyer Civil Rights Trial Amendment By A. ROBERT SMITW Mail Tribune Correspondent Washington if the public Is a bit baffled by precisely what is at stake in the current civil rights debate in the Sen ate over a jury trial amendment, the issue has provided a field day for the lawyers of the Sen ate. Senators such as Wayne Morse of Oregon, Henry M . Jackson of Washing ton, Frank Church of Ida ho and Joseph O'Mahoney of Wyoming, all of them attorn. fSaaJ e y s-a i-iaw. a. kom smitb have been do t - '41 minating the debate over this . critical feature of the civil rights bilf S O'Mhoney and Church, with Esteg Kefauver of Tennessee, are sponsors of the Jury trial ' amendment. The bill as it stands vould allo:v federal district at - torneys to go into federal dis trict courts and get injunctions . or restraining orders to protect ' the civil right to vote of any 'citizen, presumably Negroes in southern states. A federal judge can issue the injunction. If a public official, say a local election official, did not comply with the court order, the court could have authority to jail or fine him until he agreed to carry it out. No jury is involved in this procedure. Criminal Contempt The jury trial would come in when it became the purpose of the court to punish anyone who obstructed the court orcr, say an election official who con- ' tinued to intimidate a voter in order to prevent his casting a ballot. This would be a case of criminal contempt of court, as ' distinguished from civil con tempt when the court simply " sought to attain compliance with r its order. 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He said to interpose a jury between the court and the defendant would deprive the courts of their historic power to preserve their own integrity by compelling compliance and pun ishing for failure to comply. He said the defendant's protection lies not in a jury trial but jn the power to appeal the court's de cree to a ' higher court, ulti mately to the Supreme Court, which. decides all issues without a jury. New Procedure Senator Jackson, arguing for the jury trial amen(nent, said the bill without it would allow the federal attorneys to bypass the normal procedure, of get ting indictments for crimes and trying them before a jury, and giving them a new procedure of getting court injunctions against certain criminal acts and punishing the violators without a jury trial. Jackson said "trial by jury, just as the right to vote, is one of our traditional civil rights. Arfd like all civil rights, it is designed to shield the individual from the potential tyranny of the state. We need not be so fearful for the future of voting rights that we now endanger one civil right to guard another." Morse declared that juries are for "case of controversies be tween individuals, in damage suits, and in other private con troversies" but that to let a jury of laymen decide contempt of court cases involving consti tutional rights would "weaken our court system" because "some juries are inclined to subordinate constitutional rights tc local social, economic, and political attitudes and biases." On Grounds of Policy Sen. Richard L. Neuberger of Oregon, agreeing that plausible arguments had been made by lawyers on both sides of the issue, each side marshalling im pressive precedents in law, said the Senate would have to decide the issue "on grounds Jf policy, not of law." " "If trials there must be, which will be more in the public inter? est?" Neuberger asked the Sen ate. - '" Neuberger, like Morse and Sen. Paul Douglas before him, pointed out that juries in the South are frequently carefully selected ' to ' exclude Negroes. This may be done in some states by limiting jury duty to register ed voters and' since voting registration has been 3?strict- ive against Negroes, through poll taxes? literacy tests and other ' obstacles of discrimina tion, " this means few Negroes can qualify for duty and 'fewer are called to serve by local jury commissioners. Sponsors of the jury trial amendment agreed to accept Neurberger's qualifica tion that would apply only in states where Negroes are not excluded from jury duty.. Effectiveness Questioned Douglas questioned the effec tiveness of allowing juries to determine civil rights cases by citing the findings of a commit tee headed by Fedaral Judge John C. Knox which looked into Display FRIDAY to FRIDAY Only Commercial Type, Regular $1.00 Value Potatoes Desserts Ice The jury $' Jury selection methods -in the, South. The Knox repO-t foundVwheel and sometimes by pick- that a jury commissioner and a clerk of the court are appoint ed, one from each party, who in turn write to so-called "key men" in each county for sug gested names of jurors. The key men are usually businessmen or political leaders, and in any event tend to be white citizens. Their lists are sent to the jury commissioner for the federal court of each district. The com missioners then select jurors, Quotes From the News By UNITED PRESS Washington Defense-Secretary Charles E. Wilson an air-tight spendingolimit on the military services: "I won't approve anything that would raise defense costs one dollar in the tame of mind I'm in now." Washington Sen. Barry Goldwater (R.-Ariz.) on the garment industry activities of labor racketeer Johnny Dio and his asso ciate. Theodore (Teddy Ray) Rij: "I am ashamed that people like this hide behind the skirts of America." - Hollywood Cornelius Vanderbilt Whitney, on plans to divorce his third wife and iftrry the star of his first Hollywood movie: "It is difficult to explain marital troubles, and it is always un pleasant to try but increasing conflicts have beset my marr jige over the past several years." - . Denver Mamie Eisenhower, on dedicating a park in her honor: "I hope through the years that all the young mothers in this area will say to their children: 'Hurry up now and get over there and play in Mamie's parl' " Hollywood Irish-Italian starlet Gia Scala, denying she was drunk when her sports car hit a house: "I just had a couple of glasses of champagne with a'doctor who is treating my mother. I'm really a good girl." Hollywood Scandal Hearing Delayed to Seek Larger Room Hollywood (W The show billed as the spiciest in Holly wood history opened today in Superior Court with such a crowd of stars called to reveal their intimate lives that the first act had to be postponed until a bigger courtroom was available. Scheduled to start at 9 a.m., the conspiry trial of Fred and Marjorie Meaqj, first of actions against the notorious scandal mongering magazines.O Confi dential andOWhisper, had to be put over until 2 p.m. Ottirious Spectators . That was the first time in the day that baliffs .found available a court big enough to hold the 135 witnesses from among film land's elite whose presence dragged out a mob of curious spectators. The Meades were the first tar gets of autlSrities attempting to quash the retailing of moviejand peccadilloes. Their investigating agency was the collection point in filmland for the nauity gos sip about the stars. From them it went to Confidential and Whis per. They were charged with conspiraftf to publish libelous and obscene matter about cereb rities. ' Hollywood industty sources reportedly were supporting an investigation last spring by the .4.1. .UH.n.i. MnMA.nl'. tffra mat resuiiea in an lnaiciiiieut against the Meades and other officers of the magazines by the Special! tIf 3 v 10 Fortune Stamps Cream Salads, Etc. U 9 and 10 FortuneStamps O o O sometimes by the spin of a ing them by name from the lists, Said Douglas: "Very few Negroes. I think certainly a very small propor tion of Negroes, I think find liieir way onto the lists. Still fewer are selected for jury duty. Therefore, the juries which will try these contempt cases, if the amendment is adopted, will be carefully winnowed, and the Ne groes of the South will have very litUS representation on them." on placing O county graOd jury. Runs For Cover O But when the def ense dis closed plans for the trial, rrftvie land ran for cover and attempted to halt the proceedings. " Defense attorneys claimed they have subpoenaed more than 100 top movie stars and personali ties to ask them under oath if spicscandal stories'in the mag azines were "true." One star, Rory Calhoun, tried legal efforts to escape the si poena but his motion to quash the order on grounds .his testi mony wouldn't be revelant was refused y Judge Herbert V. Walker. Had Calhoun been suc cessful, he might have (jpened the wayfor scores of other Hol lywood figures to escape possi ble embarrassing questions. Near-Panic Results As Lion Claws Girl gurwell, Neb. IIP! A tooth less lion cub, apparently fcored with its role, in O rodeo clown's act, wandered into a crowd of spectators to play with a little girf: The girl bent oOer to pet the "pretty kitty" Thursday after noon and a near panic broke loose. The lion scratched Ellen ; Kruse, 6, in the excitement. 1- ' leij s mother, Mrs Wallace j Kruse, Colon, Neb., unaware the j lion was tame and toothless, did j battle with cub with her bar?; fists. She beato the beast on the j head for nearly a minute before I the trainer pulled the lion back into the arena and order was I restored. Ellen was scratched on her left leg and on her forehead. Officials at Burwell hospital I said about 10 stitches were i needed to close the leg wound, j They said Ellen probably will I be released from the hospital today. ' Crown Zellerbach Reports Nvt Income San Francisco rtr) Crown Zellerbacn Corporation reported Thursday a net income of $18, 776.000 for the first half of 1957, equal to S1.31 a share." The net for the first six months of 1956 was equivalent to.S1.76 a share, the company said. Despite the 24.8 per cent de cline in earngigs, sales rose 2 per cent. First half net sales were $227,400,000, about four million dollars above the same period last year. Daily's U-Drive Medford Airport U.S., Canada Join In Air Defense Ajjainsf Russia Washington OP) The United States and Canada took a big' step forwOrd today in setting Up one overall North American air command to defend against pos sible Russian attack. The two countries outlined plans for partially merging their air defense forces and put ting them under the single con trol of U.S. Air Force Gen. Earl E. Partridge. Partridge would be responsi ble to the chiefs of staff of both countries. His deputy command er in chief would be Air Mar shal C. R. Slemon, Canadian chief of air sff. System of Control The two countries announced Thursday night that they have "agreed to the setting up of a system of integrated operational control of the air defense forces in the continental United States, LAIaska and Canada." The joint headquarters of the two air officers will be situated at Colorado Springs, Colo. 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George Said 'Steadily Weaker' Vienna, Ga. (IP) Former Sen. Walter F. George, 79, fought stubbornly for his life today in what physicians . called 3 h e gravest of a succession of cri ses of his heart ailment. Dr. M. L. Malloy, his family physician, said the one - time "dean" of the U. S. Senate who retired last January after serv ing 34 years had reached "the lowest po'int yet" in his illness. The influential former chair man of the Senate Foreign Re lations committee afterward was named President Eisenhower's ambassador to NATO. His " condition is becoming LK .CITY MARKET North Hiway 99 OPEN UNTIL Try This Delicious Non-Alcoholic Beverage Neer Beer - 20c Bottle j . $4.59 Per Case Your Choice Film Developing and Printing FAST TOP QUALITY LOCAL SERVICE In By 10 -Out 4:30U Regular Prices ON TAXABLE MERCHANDISE Holmes Gives Pardon Salem (ffl Gov. Robert D. Holmes has granted a full par don to Walter E. Baer, 58, Se attle, whom the federal govern ment has been trying to deport to Germany for 23 years. . Baer, a former Portland resi dent, was convicted of forgery charges in 1919 and 1921 and was granted a conditional par don by the late governor Earl Snell, in 1945. Baer's attorney, Irvin Good man, Portland, said he thought 'progressively graver," Malloy said after consultation with Dr. J. Willis Hurst, heart specialist and head of the Emory Univer sity medical department in Atlanta. Half Way Between Medford and Central Point 10 P.M. INCLUDING SUNDAYS WEEK END SPECIALS Ground Beef 39 lb. $1.96 Value! Fragrant pink-satin cream is : pure magic softens, smoothes chapping. No hint o' greasiness. 2-DAY SERVICE Standard 8-Exposure RolS IVICE osure R 39 Contact or Jumbo MEDFORD (OREGON) MAIL TRIBUNE FIVE To Convicted Forger Holmes'. full pardon would sat isfy immigration officials who have been trying to deport his client for the forgeries under the McCarran - Walter immigration act. . 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